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UT: 911 call with info from relative was entitled to more credibility

By John Wesley Hall, Jr.

911 call with information from a relative of the defendant was entitled to more credibility. State v. Roybal, 2010 UT 34, 2010 Utah LEXIS 67 (May 14, 2010): [*P18] However, many courts have also considered tips from family or friends to be of greater reliability because a family member or close friend often has a greater opportunity to observe the criminal behavior of the suspect and may have an incentive not to report the suspect due to family loyalty. [citing cases] Defendant’s DOB on his DL didn’t match the computer check, which also showed he was a regular user of aliases. “By the time the warning was issued, however, the factors identified above had coalesced into reasonable suspicion of criminal activity, which justified additional investigation...continue to full post

Full post as published by Fourth Amendment on May 17, 2010 (boomark / email).